Monday, January 23, 2012

The legal battle over whether or not reputed mob boss Luigi “Baby Shacks” Manocchio should be released on bail pending trial is about to drag out even longer.
U.S. District Court Judge William Smith gave Manocchio’s lawyers the green light to file an appeal with the First Circuit despite missing a 14-day deadline to get the paperwork in.
Manocchio’s attorney Joseph Balliro asked the judge for leeway because he said a close family member had fallen ill.
Prosecutor William Ferland of the Rhode Island U.S. Attorney’s Office argued Manocchio had several members of the legal team that could have met the deadline.
The decision means Manocchio’s battle to spring free from the Wyatt Detention Center in Central Falls could be headed for a hearing at the appeals court in Boston.
Reached by phone, Balliro said he was “pleased “ that Judge Smith granted the motion and plans on filing with the First Circuit immediately.
“I fully expect [the appeals court] will grant us a hearing,” Balliro said.
Manocchio was initially granted bail by U.S. Magistrate Judge David L. Martin but prosecutors appealed to Smith who overturned the decision. Manocchio appealed again and was granted a new hearing. His lawyers have proposed Manocchio be placed on GPS monitoring at his brother's Glocester home. But Smith again pointed to the 84 year-old's history of running from the law and ruled he could not grant the request,
Manocchio was on the run for nearly a decade in the '70s for his role in the gangland slaying of two renegade bookmakers. Manocchio returned and pleaded no contest to reduced charges, serving two years at the ACI in Cranston.
The sweeping mob case that charged eight reputed members or associates of the New England Crime family is inching toward an April 23 trial date.
Manocchio is accused of running an organization that shook down area strip clubs for protection money. He and six other defendants have pleaded not guilty.
Mob associate Thomas Iafrate pleaded guilty to racketeering conspiracy early this year and was sentenced to 30 months in federal prison.Car dealer is alleged victim
In as separate filing made Monday, a lawyer shed more light on the mysterious alleged extortion victim from the case.
James McCormick, defense counsel for accused mob associate Albino Folcarelli, referred to the victim as a "used car dealer." Prosecutors have previously referred to the victim as "person A" in court filings.
Investigators said Folcarelli, Raymond "Scarface" Jenkins and accused mafia captain Edward "Eddie" Lato used threats of violence to try and extract $25,000 from the unidentified man. According to the superseding indictment, the wife of the alleged victim became so concerned for her husband's safety, she withdrew $20,000 from their retirement account.
The indictment says Folcarelli is caught on a secret FBI recording voicing concern that the victim or his family may go to police.
"Ray [Jenkins] turned us on to a family of stool pigeons," Folcarelli is quoted saying in the indictment. "If this kid talks, we got a headache."
McCormick is trying to get a separate trial for his client arguing Folcarelli was not involved in the extortion of area strip clubs. Prosecutors have argued each defendant played a part in a continuing criminal orgnization, La Cosa Nostra, and should stand trial as a group.
Judge Smith has set Feb. 6 to hear arguments from both sides.